GREC hopes panels will quiet 'obnoxious' biomass noise

Published: Tuesday, October 22, 2013 at 5:51 p.m.

Last Modified: Tuesday, October 22, 2013 at 10:14 p.m.

With noise complaints over the biomass plant persisting, the Gainesville Renewable Energy Center says a consultant's proposed solution will be in place by December.

It calls for the installation of 6-inch-thick, 48-foot-long noise-absorbing acoustic panels inside the power plant's stack.

The flow of air and fan noise coming out of that stack was the source of the noise — often described as the roar of a jet engine in the distance — heard in the Turkey Creek Golf & Country Club and other areas near the plant, according to GREC's contracted consultants, Hessler Associates Inc.

In a memo released last week, David Hessler wrote that route was deemed the "best solution to reduce sound emissions from the facility in the community" and the "only technically feasible option" without interfering with the operation of the stack.

GREC Chief Financial Officer Al Morales said the panels have been ordered and will be installed in December. He said the cost is in the range of "hundreds of thousands of dollars" and that the company does not plan to pass it on to Gainesville Regional Utilities and its customers.

Meanwhile, persistent concerns and issues with noise from the plant have some Turkey Creek residents threatening legal action. They have formed a group, Turkey Creek Residents for Environmental Justice.

"As the leader of this affected group of citizens, I want to warn you that the reason we incorporated today is to pursue suits in nuisance and to seek a permanent injunction against the operation of the GREC because of the manner in which the plant is now running," Russ Pisano, the president of the group, wrote in a Monday letter to the City Commission.

The letter goes on to state the residents who formed the group feel the plant violates the city's noise ordinance under the section prohibiting any noise that is "plainly audible" 200 feet from a property line and "disturbs a reasonable person of normal sensitivities."

The 100-megawatt plant has been producing test power since August and is expected to go into commercial operation in early December. The city has a 30-year contract to purchase all of its power. The commission, in a 4-3 vote, made a non-binding $400 million offer to purchase the plant. That would get the city out of the contract but also have it taking on hundreds of millions more in debt and all of the risk if the plant does not operate properly.

Noise complaints, including many during overnight hours when they are trying to sleep, began flowing in from Turkey Creek residents shortly after the plant began producing power in August.

Resident Frank Nosko said the noise seems to follow a specific path through the community of more than 1,000 homes and is "obnoxious" in some areas.

Gainesville police conducted sound measurements in the area and said their conclusion was the biomass plant did not violate the city noise ordinance based on a decibel threshold or the "plainly audible" standard.

"It is GPD's position that based on our investigation and inherent discretion in the enforcement of laws, that there is no reasonable violation of the city's noise ordinance to justify the issuance of a civil citation," Police Chief Tony Jones wrote in an Oct. 16 memo responding to questions from Commissioner Todd Chase.

Earlier in the month, the department announced it would stop responding to noise complaints outside the city limits, where it has no jurisdiction to enforce its noise ordinance. The plant is in the city of Gainesville, and Turkey Creek is in the city of Alachua, which does not have a noise ordinance.

In his memo, Jones said concerned residents had the option of pursuing a nuisance abatement suit in civil court.

Commissioner Randy Wells had an item to discuss the noise ordinance on last Thursday's meeting agenda. The commission never got to it before ending the meeting at 11:45 p.m.

Wells said he wanted to have a general discussion about the interpretation and intent of the noise ordinance. He said the city still needs to make certain the biomass plant complies with the ordinance.

"We need to assure ourselves that if a facility is coming into operation in our city, it meets all applicable local, state and federal laws," Wells said.

<p>With noise complaints over the biomass plant persisting, the Gainesville Renewable Energy Center says a consultant's proposed solution will be in place by December.</p><p>It calls for the installation of 6-inch-thick, 48-foot-long noise-absorbing acoustic panels inside the power plant's stack.</p><p>The flow of air and fan noise coming out of that stack was the source of the noise — often described as the roar of a jet engine in the distance — heard in the Turkey Creek Golf & Country Club and other areas near the plant, according to GREC's contracted consultants, Hessler Associates Inc.</p><p>In a memo released last week, David Hessler wrote that route was deemed the "best solution to reduce sound emissions from the facility in the community" and the "only technically feasible option" without interfering with the operation of the stack.</p><p>GREC Chief Financial Officer Al Morales said the panels have been ordered and will be installed in December. He said the cost is in the range of "hundreds of thousands of dollars" and that the company does not plan to pass it on to Gainesville Regional Utilities and its customers.</p><p>Meanwhile, persistent concerns and issues with noise from the plant have some Turkey Creek residents threatening legal action. They have formed a group, Turkey Creek Residents for Environmental Justice.</p><p>"As the leader of this affected group of citizens, I want to warn you that the reason we incorporated today is to pursue suits in nuisance and to seek a permanent injunction against the operation of the GREC because of the manner in which the plant is now running," Russ Pisano, the president of the group, wrote in a Monday letter to the City Commission.</p><p>The letter goes on to state the residents who formed the group feel the plant violates the city's noise ordinance under the section prohibiting any noise that is "plainly audible" 200 feet from a property line and "disturbs a reasonable person of normal sensitivities."</p><p>The 100-megawatt plant has been producing test power since August and is expected to go into commercial operation in early December. The city has a 30-year contract to purchase all of its power. The commission, in a 4-3 vote, made a non-binding $400 million offer to purchase the plant. That would get the city out of the contract but also have it taking on hundreds of millions more in debt and all of the risk if the plant does not operate properly.</p><p>Noise complaints, including many during overnight hours when they are trying to sleep, began flowing in from Turkey Creek residents shortly after the plant began producing power in August.</p><p>Resident Frank Nosko said the noise seems to follow a specific path through the community of more than 1,000 homes and is "obnoxious" in some areas.</p><p>Gainesville police conducted sound measurements in the area and said their conclusion was the biomass plant did not violate the city noise ordinance based on a decibel threshold or the "plainly audible" standard.</p><p>"It is GPD's position that based on our investigation and inherent discretion in the enforcement of laws, that there is no reasonable violation of the city's noise ordinance to justify the issuance of a civil citation," Police Chief Tony Jones wrote in an Oct. 16 memo responding to questions from Commissioner Todd Chase.</p><p>Earlier in the month, the department announced it would stop responding to noise complaints outside the city limits, where it has no jurisdiction to enforce its noise ordinance. The plant is in the city of Gainesville, and Turkey Creek is in the city of Alachua, which does not have a noise ordinance.</p><p>In his memo, Jones said concerned residents had the option of pursuing a nuisance abatement suit in civil court.</p><p>Commissioner Randy Wells had an item to discuss the noise ordinance on last Thursday's meeting agenda. The commission never got to it before ending the meeting at 11:45 p.m.</p><p>Wells said he wanted to have a general discussion about the interpretation and intent of the noise ordinance. He said the city still needs to make certain the biomass plant complies with the ordinance.</p><p>"We need to assure ourselves that if a facility is coming into operation in our city, it meets all applicable local, state and federal laws," Wells said.</p>